Driver sentenced to 5 years in prison for hit-and-run death

In this Dec. 15, 2012 file photo, Skip McDonald holds a picture of his son William "Alex" McDonald after walking across the stage and receiving his diploma during Florida State University graduation. He is joined by his daughter Allison McDonald, left, and wife, Dianne McDonald. Alex was killed early Thanksgiving morning 2012 when he was struck as he crossed South Pine Avenue in Ocala.

Published: Monday, July 29, 2013 at 4:54 p.m.

Last Modified: Monday, July 29, 2013 at 4:54 p.m.

In this Dec. 15, 2012 file photo, Skip McDonald holds a picture of his son William "Alex" McDonald after walking across the stage and receiving his diploma during Florida State University graduation. He is joined by his daughter Allison McDonald, left, and wife, Dianne McDonald. Alex was killed early Thanksgiving morning 2012 when he was struck as he crossed South Pine Avenue in Ocala.

Submitted photo

The expression of remorse came eight months after Joseph Michael Stewart, 27, was driving while intoxicated and struck William Alex McDonald, 23, as he was walking in the pre-dawn hours of Thanksgiving 2012.

Stewart apologized in court before a judge sentenced him to a five-year prison term. He had previously pleaded no contest to leaving the scene of a crash involving a death, which is a first-degree felony.

One week later, the apology still hasn't had much of an impact on McDonald, a practicing attorney.

"I know he didn't hit Alex on purpose," McDonald said during an interview. But the apology "didn't mean a whole lot one way or another to me."

Stewart was arrested on Nov. 22 by the Ocala Police Department. Jail records show he was released the same day after posting a $10,000 bond.

The incident occurred at 1:14 a.m. that day at South Pine Avenue and 10th Street in Ocala.

Robert Kennedy was a passenger in Stewart's Chevrolet Trailblazer. In a sworn statement, he told authorities the men had just left Suite 306 in Ocala when a pedestrian ran out in front of the vehicle and was hit.

After continuing to drive 20 yards or so, Stewart asked Kennedy what had happened. Kennedy said he told Stewart: "We just hit somebody. We need to turn around."

Kennedy said he got out of the vehicle at the next stop sign and went to the Ocala Police Department to report what had happened. Stewart drove away.

Stewart later called police from a residence in Southeast Ocala. He would later say he left the scene because he "panicked," according to a police report.

His blood-alcohol content registered at 0.076; under Florida law, a person is presumed to be impaired when the level reaches 0.08.

A witness to the accident said McDonald was running across the street, inside a crosswalk, when he was struck. He died at the scene.

In June, Stewart pleaded no contest before Judge T. Michael Johnson. There was no plea bargain in place. Sentencing was delayed until July 22 so a pre-sentence investigation could be completed.

Stewart was placed under house arrest, with an electronic monitor, while awaiting sentencing.

Last week's sentencing hearing lasted about four hours as the state and defense made their cases for an appropriate sentence.

Stewart's five-year prison term will be followed by five years of probation.

The minimum sentence was 21.3 months in prison. The maximum was 30 years behind bars, according to court records. Stewart declined a plea offer from the State Attorney's Office for 10 years behind bars.

As part of the sentence, Stewart's driver's licence will be suspended for five years. As a condition of probation, Stewart is prohibited from possessing or consuming alcoholic beverages, has been ordered to undergo a substance abuse evaluation and counseling, and will undergo a mental health evaluation and counseling if recommended.

Court records show Stewart has a history of traffic infractions and a second-degree misdemeanor charge in 2009 for reckless driving involving alcohol. He pleaded guilty to the latter charge and received a year of probation and one day in the Marion County Jail.

In a telephone interview Monday, McDonald described his son as "a quiet leader" who dreamed of running a golf course or luxury hotel after graduating from Florida State University with a degree in hospitality management.

The younger McDonald was three classes away from graduation at the time of his death. The school decided to grant the degree and Skip McDonald accepted it on behalf of his son during the graduation ceremony, wearing a cap and gown.

While attending FSU, McDonald became president of Sigma Alpha Epsilon and helped double the chapter's enrollment. In April McDonald was one of five people inducted into the FSU Greek Hall of Fame.

According to his father, an endowment fund was set up in Alex McDonald's name from the National Sigma Alpha Epsilon headquarters in Illinois in the form of an annual educational grant of $5,000.

McDonald played both junior varsity and varsity football at Forest High School. In his honor, the school retired his number, 55, and his locker.

His friends are currently working on setting up golf tournaments and fundraisers in his name to benefit some local projects.

As for Stewart, McDonald hopes he changes his ways.

"He's going to do his time and I personally did tell him I wish him luck," McDonald said. "I don't think he's a bad guy. I just think he's a dangerous person."

Contact April Warren at 867-4065 or april.warren@ocala.com.

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